Supreme Court: Democrats and Republicans seek hints for how Barrett will rule on health care law

For the second day of Barrett’s questioning in the Senate Judiciary Committee, the health care law was a dominant topic on both sides of the aisle thanks to the looming November case the Supreme Court will hear on a Republican effort to strike down the law.

Both Judiciary Chairman Lindsey Graham and Sen. Dianne Feinstein, the panel’s top Democrat, asked President Donald Trump’s Supreme Court nominee about the legal doctrine of “severability,” or whether the entire law can stand if one part of it is deemed unconstitutional, during Barrett’s second day of questions before the committee on Wednesday.

It’s a concept that could play a key factor in the case from Republican attorneys general and the Trump administration that seeks to strike down the Affordable Care Act case next month. They argue the entire law, commonly known as Obamacare, should be struck down because the law’s individual coverage mandate is … Read More

The ‘Spycops’ bill undermines the rule of law and gives a green light to serious crimes

The so-called culture wars are not just about race and gender. They encompass a barrage of attacks on progressive or “woke” values to distract attention from catastrophic pandemic management in both Washington and Westminster. On closer inspection, some of the targets in the crosshairs are actually rather conservative; a case in point being the rule of law.



text, whiteboard: Photograph: Mark Kerrison/Alamy Stock Photo


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Photograph: Mark Kerrison/Alamy Stock Photo

If the prime minister and the home and defence secretaries are anything to go by, lawyers are the new enemies of the state. But as these ministers are not averse to employing briefs in their own causes – both personal and political – I rather suspect it’s the message, not the messengers, that they are trying to destroy.

Related: David Greene: Condemning lawyers for doing their jobs is inherently dangerous

It is now well over a decade since former master of the rolls

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Donald Trump business taxes threaten the rule of law for all

It is tempting for critics of Donald Trump to react to the New York Times bombshell article by accusing Trump of tax evasion, which is a crime. And it’s equally tempting for his defenders to insist that all he did was use legal avoidance techniques, available to anyone. The truth likely lies somewhere in the middle. But the president’s sheer volume of legally dubious tax positions poses an insidious threat to the rule of law.



Donald Trump wearing a suit and tie: Donald Trump business taxes threaten the rule of law for all


© Getty Images
Donald Trump business taxes threaten the rule of law for all

The Times was careful to not accuse Trump of tax evasion. Proving criminal tax fraud, the kind that took down Al Capone, is extremely difficult. But respect for the rule of law is more than simply avoiding criminal behavior. It means abiding by our societal responsibilities without trying to game the system.

The Times documents numerous questionable positions, ranging

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In call with Democratic senator, Barrett declines to discuss how she might rule on health-care law

Particularly scrutinized is a 2017 essay that Barrett penned for a Notre Dame Law School journal in which she argued that Chief Justice John G. Roberts Jr., Jr., who wrote the majority opinion when the Supreme Court upheld the constitutionality of the health-care law in 2012, “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”

Sen. Christopher A. Coons (D-Del.), who talked by phone with Barrett on Wednesday, said he asked her about a pair of Supreme Court decisions upholding the Affordable Care Act as well as the 2017 essay. Barrett, Coons said, repeatedly declined to speak to the specifics of a case, saying “she wouldn’t get into the details of how she might rule.”

“The ACA is not just on the docket of the Supreme Court,” Coons, a member of the Senate Judiciary Committee, told reporters on Wednesday. “It’s on the ballot this fall.”

The

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EU lashes out at Turkey over rule of law, rights, freedoms

The European Union says it sees no reason to speed up membership talks with Turkey

BRUSSELS — The European Union said Tuesday that Turkey’s negotiations on joining the world’s biggest trade bloc shouldn’t be accelerated because of its failure to uphold democratic standards, protect the independence of its courts and effectively fight corruption.

In a scathing report on Turkey’s progress toward EU membership, the European Commission said the Turkish authorities continue to pressure civil society, aid groups and the media, and that political power is still being concentrated in the hands of President Recep Tayyip Erdogan.

“Turkey remains a key partner for the European Union. However, Turkey has continued to move further away from the European Union with serious backsliding in the areas of democracy, rule of law, fundamental rights and the independence of the judiciary,”

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EU Lashes Out at Turkey Over Rule of Law, Rights, Freedoms | Business News

By LORNE COOK, Associated Press

BRUSSELS (AP) — The European Union said Tuesday that Turkey’s negotiations on joining the world’s biggest trade bloc shouldn’t be accelerated because of its failure to uphold democratic standards, protect the independence of its courts and effectively fight corruption.

In a scathing report on Turkey’s progress toward EU membership, the European Commission said the Turkish authorities continue to pressure civil society, aid groups and the media, and that political power is still being concentrated in the hands of President Recep Tayyip Erdogan.

“Turkey remains a key partner for the European Union. However, Turkey has continued to move further away from the European Union with serious backsliding in the areas of democracy, rule of law, fundamental rights and the independence of the judiciary,” the commission said.

Turkey began its EU membership talks in 2005 but they have stood at a standstill in recent years, and tensions

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Judge orders Trump law enforcement panel to halt over rule violations

A federal judge Thursday determined that a law enforcement commission ordered by President TrumpDonald John TrumpTrump signs bill averting shutdown after brief funding lapse Privacy, civil rights groups demand transparency from Amazon on election data breaches Facebook takes down Trump campaign ads tying refugees to coronavirus MORE violated federal rules on open meetings and that the panel must stop all work until it complies with the law. 

U.S. District Judge John Bates said in the ruling that the 18-member Presidential Commission on Law Enforcement and the Administration of Justice held private meetings without advanced notice to the public. 

The judge noted that this violated the Federal Advisory Committee Act (FACA), which mandates that meetings of federal “advisory committees” “must be open to the public,” “must make its records and drafts publicly available” and “must give notice of any meetings in the Federal Register at least fifteen days before the

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Europe Can Have Stimulus or Rule of Law, Not Both

This trap was laid in July. Under the moderation of Germany, which holds the rotating EU presidency, the 27 national leaders tentatively agreed to a groundbreaking budget-plus-stimulus deal to address the pandemic. Worth 1.8 trillion euros ($2.1 trillion) in total, the package includes 750 billion euros to be financed by the first “European” bonds ever issued, which is why it’s considered the germ of a future fiscal union. But it still has to be accepted by the European Parliament and ratified by all member states.

To get that initial agreement, its drafters added some vague wording about conditionality. The aim was to link any receipts of EU money to upholding the rule of law. Broadly defined, this term includes everything from an independent judiciary and a free press to other basics of liberal democracy, as enshrined in the EU’s treaties. Uncontroversial, you might think.

Those phrases entered the text to

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UK coronavirus news: Johnson warned ‘rule of law’ at risk if MPs don’t get more of a say over Covid rules | Politics

Good morning. Brexit was supposed to be about parliament “taking back control” but one of the extraordinary ironies of 2020 is that Britain’s departure from the European Union has coincided with the government implementing the most draconian restrictions on ordinary life seen in peacetime – mostly with MPs having no say over the process at all. The key lockdown measures have become law as regulations passed under emergency powers, Because of the way such secondary legislation is scrutinised, MPs have not had the chance to vote before the laws take effect, the few votes that have taken place have been retrospective (after the laws are already in place) and mostly the regulations have not been subject to votes or debates at all.

Now many MPs have had enough. There will be a debate tonight on extending the powers in the Coronavirus Act and many amendments have been tabled saying MPs

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Hungary Says New EU Proposal on Rule of Law Conditions ‘Unacceptable’ | World News

BUDAPEST (Reuters) – Hungary considers a new proposal by the European Union presidency to tie future EU aid to rule of law conditions to be “unacceptable,” Justice Minister Judit Varga said on Tuesday.

She said on Facebook that the proposal, made this week by Germany as current president of the EU, would mean a unilateral modification of the bloc’s founding treaties. It would thereby violate the rule of law itself, and amounted to “blackmail”.

Hungary has often been at loggerheads with the EU over a perceived backslide from democratic standards, prompting the deputy head of the EU executive to describe Hungarian Premier Viktor Orban’s system as an “ailing democracy”.

Germany has floated a scheme that conditions access to EU money, including the 750-billion-euro ($879.68 billion) coronavirus recovery fund, to respect for the rule of law, a document seen by Reuters showed on Monday.

“In July, the heads of state and

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